State v. Quinlan

MR. JUSTICE FREEBOURN:

Defendant was convicted of assault in the first degree and by the court sentenced to serve “twelve years at hard labor at the Montana State Prison.” From the judgment of conviction defendant appeals.

The information charged that defendant “did * * * with intent to commit a felony upon the person of one George Paul Woods, assault him with a loaded firearm, to-wit: a 38 caliber revolver, on Stevens Street between Broadway and Main Streets in Missoula, Montana * * *.” The jury was instructed upon and allowed to consider assault in the first degree and assault in the second…